Bill Text: IL SB3721 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Electronic Products Recycling and Reuse Act. Requires each television manufacturer to submit an estimate of the total weight of televisions sold under its brand to individuals at retail in the State (rather than the total weight of its televisions sold under its brand to individuals at retail in the State). Specifies a formula that manufacturers may use to estimate that weight. Deletes provisions requiring retailers to report the number of televisions sold at retail to individuals in the State. Effective immediately.

Sponsorship: Bipartisan Bill

Status: (Passed) 2010-07-30 - Public Act . . . . . . . . . 96-1416 [SB3721 Detail]

Download: Illinois-2009-SB3721-Enrolled.html

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SB3721 Enrolled LRB096 16682 JDS 31966 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended by
changing Sections 3.160, 22.51, 31.1, and 42 and by adding
Sections 22.51a and 22.51b as follows:
(415 ILCS 5/3.160) (was 415 ILCS 5/3.78 and 3.78a)
Sec. 3.160. Construction or demolition debris.
(a) "General construction or demolition debris" means
non-hazardous, uncontaminated materials resulting from the
construction, remodeling, repair, and demolition of utilities,
structures, and roads, limited to the following: bricks,
concrete, and other masonry materials; soil; rock; wood,
including non-hazardous painted, treated, and coated wood and
wood products; wall coverings; plaster; drywall; plumbing
fixtures; non-asbestos insulation; roofing shingles and other
roof coverings; reclaimed or other asphalt pavement; glass;
plastics that are not sealed in a manner that conceals waste;
electrical wiring and components containing no hazardous
substances; and corrugated cardboard, piping or metals
incidental to any of those materials.
General construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,

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repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any
general construction or demolition debris or other waste.
To the extent allowed by federal law, uncontaminated
concrete with protruding rebar shall be considered clean
construction or demolition debris and shall not be considered
"waste" if it is separated or processed and returned to the
economic mainstream in the form of raw materials or products
within 4 years of its generation, if it is not speculatively
accumulated and, if used as a fill material, it is used in
accordance with item (i) in subsection (b) of this Section.
(b) "Clean construction or demolition debris" means
uncontaminated broken concrete without protruding metal bars,
bricks, rock, stone, reclaimed or other asphalt pavement, or
soil generated from construction or demolition activities.
Clean construction or demolition debris does not include
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
provided the uncontaminated soil is not commingled with any
clean construction or demolition debris or other waste.
To the extent allowed by federal law, clean construction or
demolition debris shall not be considered "waste" if it is (i)
used as fill material outside of a setback zone if the fill is
placed no higher than the highest point of elevation existing
prior to the filling immediately adjacent to the fill area, and
if covered by sufficient uncontaminated soil to support

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vegetation within 30 days of the completion of filling or if
covered by a road or structure, and, if used as fill material
in a current or former quarry, mine, or other excavation, is
used in accordance with the requirements of Section 22.51 of
this Act and the rules adopted thereunder or (ii) separated or
processed and returned to the economic mainstream in the form
of raw materials or products, if it is not speculatively
accumulated and, if used as a fill material, it is used in
accordance with item (i), or (iii) solely broken concrete
without protruding metal bars used for erosion control, or (iv)
generated from the construction or demolition of a building,
road, or other structure and used to construct, on the site
where the construction or demolition has taken place, a manmade
functional structure not to exceed 20 feet above the highest
point of elevation of the property immediately adjacent to the
new manmade functional structure as that elevation existed
prior to the creation of that new structure, provided that the
structure shall be covered with sufficient soil materials to
sustain vegetation or by a road or structure, and further
provided that no such structure shall be constructed within a
home rule municipality with a population over 500,000 without
the consent of the municipality.
For purposes of this subsection (b), reclaimed or other
asphalt pavement shall not be considered speculatively
accumulated if: (i) it is not commingled with any other clean
construction or demolition debris or any waste; (ii) it is

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returned to the economic mainstream in the form of raw
materials or products within 4 years after its generation;
(iii) at least 25% of the total amount present at a site during
a calendar year is transported off of the site during the next
calendar year; and (iv) if used as a fill material, it is used
in accordance with item (i) of the second paragraph of this
subsection (b).
(c) For purposes of this Section, the term "uncontaminated
soil" means soil that does not contain contaminants in
concentrations that pose a threat to human health and safety
and the environment.
(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the
Agency shall propose, and, no later than one year after
receipt of the Agency's proposal, the Board shall adopt,
rules specifying the maximum concentrations of
contaminants that may be present in uncontaminated soil for
purposes of this Section. For carcinogens, the maximum
concentrations shall not allow exposure to exceed an excess
upper-bound lifetime risk of 1 in 1,000,000; provided that
the Board may consider allowing benzo(a)pyrene up to the
applicable background concentration set forth in Table H of
Appendix A of 35 Ill. Adm. Code 742 in soil used as fill
material in a current or former quarry, mine, or other
excavation in accordance with Section 22.51 or 22.51a of
this Act and rules adopted under those Sections, so long as

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the applicable background concentration is based upon the
location of the quarry, mine, or other excavation.
(2) To the extent allowed under federal law and
regulations, uncontaminated soil shall not be considered a
waste.
(Source: P.A. 95-121, eff. 8-13-07; 96-235, eff. 8-11-09.)
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill
Operations.
(a) No person shall conduct any clean construction or
demolition debris fill operation in violation of this Act or
any regulations or standards adopted by the Board.
(b)(1)(A) Beginning August 18, 2005 30 days after the
effective date of this amendatory Act of the 94th General
Assembly but prior to July 1, 2008, no person shall use clean
construction or demolition debris as fill material in a current
or former quarry, mine, or other excavation, unless they have
applied for an interim authorization from the Agency for the
clean construction or demolition debris fill operation.
(B) The Agency shall approve an interim authorization upon
its receipt of a written application for the interim
authorization that is signed by the site owner and the site
operator, or their duly authorized agent, and that contains the
following information: (i) the location of the site where the
clean construction or demolition debris fill operation is

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taking place, (ii) the name and address of the site owner,
(iii) the name and address of the site operator, and (iv) the
types and amounts of clean construction or demolition debris
being used as fill material at the site.
(C) The Agency may deny an interim authorization if the
site owner or the site operator, or their duly authorized
agent, fails to provide to the Agency the information listed in
subsection (b)(1)(B) of this Section. Any denial of an interim
authorization shall be subject to appeal to the Board in
accordance with the procedures of Section 40 of this Act.
(D) No person shall use clean construction or demolition
debris as fill material in a current or former quarry, mine, or
other excavation for which the Agency has denied interim
authorization under subsection (b)(1)(C) of this Section. The
Board may stay the prohibition of this subsection (D) during
the pendency of an appeal of the Agency's denial of the interim
authorization brought under subsection (b)(1)(C) of this
Section.
(2) Beginning September 1, 2006, owners and operators of
clean construction or demolition debris fill operations shall,
in accordance with a schedule prescribed by the Agency, submit
to the Agency applications for the permits required under this
Section. The Agency shall notify owners and operators in
writing of the due date for their permit application. The due
date shall be no less than 90 days after the date of the
Agency's written notification. Owners and operators who do not

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receive a written notification from the Agency by October 1,
2007, shall submit a permit application to the Agency by
January 1, 2008. The interim authorization of owners and
operators who fail to submit a permit application to the Agency
by the permit application's due date shall terminate on (i) the
due date established by the Agency if the owner or operator
received a written notification from the Agency prior to
October 1, 2007, or (ii) or January 1, 2008, if the owner or
operator did not receive a written notification from the Agency
by October 1, 2007.
(3) On and after July 1, 2008, no person shall use clean
construction or demolition debris as fill material in a current
or former quarry, mine, or other excavation (i) without a
permit granted by the Agency for the clean construction or
demolition debris fill operation or in violation of any
conditions imposed by such permit, including periodic reports
and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this
Act and with Board regulations and standards adopted under this
Act or (ii) in violation of any regulations or standards
adopted by the Board under this Act.
(4) This subsection (b) does not apply to:
(A) the use of clean construction or demolition debris
as fill material in a current or former quarry, mine, or
other excavation located on the site where the clean
construction or demolition debris was generated;

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(B) the use of clean construction or demolition debris
as fill material in an excavation other than a current or
former quarry or mine if this use complies with Illinois
Department of Transportation specifications; or
(C) current or former quarries, mines, and other
excavations that do not use clean construction or
demolition debris as fill material.
(c) In accordance with Title VII of this Act, the Board may
adopt regulations to promote the purposes of this Section. The
Agency shall consult with the mining and construction
industries during the development of any regulations to promote
the purposes of this Section.
(1) No later than December 15, 2005, the Agency shall
propose to the Board, and no later than September 1, 2006,
the Board shall adopt, regulations for the use of clean
construction or demolition debris as fill material in
current and former quarries, mines, and other excavations.
Such regulations shall include, but shall not be limited
to, standards for clean construction or demolition debris
fill operations and the submission and review of permits
required under this Section.
(2) Until the Board adopts rules under subsection
(c)(1) of this Section, all persons using clean
construction or demolition debris as fill material in a
current or former quarry, mine, or other excavation shall:
(A) Assure that only clean construction or

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demolition debris is being used as fill material by
screening each truckload of material received using a
device approved by the Agency that detects volatile
organic compounds. Such devices may include, but are
not limited to, photo ionization detectors. All
screening devices shall be operated and maintained in
accordance with manufacturer's specifications.
Unacceptable fill material shall be rejected from the
site; and
(B) Retain for a minimum of 3 years the following
information:
(i) The name of the hauler, the name of the
generator, and place of origin of the debris or
soil;
(ii) The approximate weight or volume of the
debris or soil; and
(iii) The date the debris or soil was received.
(d) This Section applies only to clean construction or
demolition debris that is not considered "waste" as provided in
Section 3.160 of this Act.
(e) For purposes of this Section a clean construction or
demolition debris fill operation:
(1) The term "operator" means a person responsible for
the operation and maintenance of a clean construction or
demolition debris fill operation.
(2) The term "owner" means a person who has any direct

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or indirect interest in a clean construction or demolition
debris fill operation or in land on which a person operates
and maintains a clean construction or demolition debris
fill operation. A "direct or indirect interest" does not
include the ownership of publicly traded stock. The "owner"
is the "operator" if there is no other person who is
operating and maintaining a clean construction or
demolition debris fill operation.
(3) The term "clean construction or demolition debris
fill operation" means a current or former quarry, mine, or
other excavation where clean construction or demolition
debris is used as fill material.
(4) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(f)(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the Agency
shall propose to the Board, and, no later than one year after
the Board's receipt of the Agency's proposal, the Board shall
adopt, rules for the use of clean construction or demolition
debris and uncontaminated soil as fill material at clean
construction or demolition debris fill operations. The rules
must include standards and procedures necessary to protect
groundwater, which may include, but shall not be limited to,
the following: requirements regarding testing and
certification of soil used as fill material, surface water

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runoff, liners or other protective barriers, monitoring
(including, but not limited to, groundwater monitoring),
corrective action, recordkeeping, reporting, closure and
post-closure care, financial assurance, post-closure land use
controls, location standards, and the modification of existing
permits to conform to the requirements of this Act and Board
rules. The rules may also include limits on the use of
recyclable concrete and asphalt as fill material at clean
construction or demolition debris fill operations, taking into
account factors such as technical feasibility, economic
reasonableness, and the availability of markets for such
materials.
(2) Until the effective date of the Board rules adopted
under subdivision (f)(1) of this Section, and in addition to
any other requirements, owners and operators of clean
construction or demolition debris fill operations must do all
of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section for all clean construction or demolition debris
and uncontaminated soil accepted for use as fill material. The
requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section shall not limit any rules adopted by the Board.
(A) Document the following information for each load of
clean construction or demolition debris or uncontaminated
soil received: (i) the name of the hauler, the address of
the site of origin, and the owner and the operator of the
site of origin of the clean construction or demolition

SB3721 Enrolled - 12 - LRB096 16682 JDS 31966 b
debris or uncontaminated soil, (ii) the weight or volume of
the clean construction or demolition debris or
uncontaminated soil, and (iii) the date the clean
construction or demolition debris or uncontaminated soil
was received.
(B) For all soil, obtain either (i) a certification
from the owner or operator of the site from which the soil
was removed that the site has never been used for
commercial or industrial purposes and is presumed to be
uncontaminated soil or (ii) a certification from a licensed
Professional Engineer that the soil is uncontaminated
soil. Certifications required under this subdivision
(f)(2)(B) must be on forms and in a format prescribed by
the Agency.
(C) Confirm that the clean construction or demolition
debris or uncontaminated soil was not removed from a site
as part of a cleanup or removal of contaminants, including,
but not limited to, activities conducted under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; as part of a Closure or
Corrective Action under the Resource Conservation and
Recovery Act, as amended; or under an Agency remediation
program, such as the Leaking Underground Storage Tank
Program or Site Remediation Program, but excluding sites
subject to Section 58.16 of this Act where there is no
presence or likely presence of a release or a substantial

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threat of a release of a regulated substance at, on, or
from the real property.
(D) Document all activities required under subdivision
(f)(2) of this Section. Documentation of any chemical
analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the
laboratory performing the analysis, and (iii)
certification by an authorized agent of the laboratory that
the analysis has been performed in accordance with the
Agency's rules for the accreditation of environmental
laboratories and the scope of accreditation.
(3) Owners and operators of clean construction or
demolition debris fill operations must maintain all
documentation required under subdivision (f)(2) of this
Section for a minimum of 3 years following the receipt of each
load of clean construction or demolition debris or
uncontaminated soil, except that documentation relating to an
appeal, litigation, or other disputed claim must be maintained
until at least 3 years after the date of the final disposition
of the appeal, litigation, or other disputed claim. Copies of
the documentation must be made available to the Agency and to
units of local government for inspection and copying during
normal business hours. The Agency may prescribe forms and
formats for the documentation required under subdivision
(f)(2) of this Section.
Chemical analysis conducted under subdivision (f)(2) of

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this Section must be conducted in accordance with the
requirements of 35 Ill. Adm. Code 742, as amended, and "Test
Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication No. SW-846, as amended.
(g)(1) No person shall use soil other than uncontaminated
soil as fill material at a clean construction or demolition
debris fill operation.
(2) No person shall use construction or demolition debris
other than clean construction or demolition debris as fill
material at a clean construction or demolition debris fill
operation.
(Source: P.A. 94-272, eff. 7-19-05; 94-725, eff. 6-1-06.)
(415 ILCS 5/22.51a new)
Sec. 22.51a. Uncontaminated Soil Fill Operations.
(a) For purposes of this Section:
(1) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(2) The term "uncontaminated soil fill operation"
means a current or former quarry, mine, or other excavation
where uncontaminated soil is used as fill material, but
does not include a clean construction or demolition debris
fill operation.
(b) No person shall use soil other than uncontaminated soil
as fill material at an uncontaminated soil fill operation.

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(c) Owners and operators of uncontaminated soil fill
operations must register the fill operations with the Agency.
Uncontaminated soil fill operations that received
uncontaminated soil prior to the effective date of this
amendatory Act of the 96th General Assembly must be registered
with the Agency no later than March 31, 2011. Uncontaminated
soil fill operations that first receive uncontaminated soil on
or after the effective date of this amendatory Act of the 96th
General Assembly must be registered with the Agency prior to
the receipt of any uncontaminated soil. Registrations must be
submitted on forms and in a format prescribed by the Agency.
(d)(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the Agency
shall propose to the Board, and, no later than one year after
the Board's receipt of the Agency's proposal, the Board shall
adopt, rules for the use of uncontaminated soil as fill
material at uncontaminated soil fill operations. The rules must
include standards and procedures necessary to protect
groundwater, which shall include, but shall not be limited to,
testing and certification of soil used as fill material and
requirements for recordkeeping.
(2) Until the effective date of the Board rules adopted
under subdivision (d)(1) of this Section, owners and operators
of uncontaminated soil fill operations must do all of the
following in subdivisions (d)(2)(A) through (d)(2)(F) of this
Section for all uncontaminated soil accepted for use as fill

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material. The requirements in subdivisions (d)(2)(A) through
(d)(2)(F) of this Section shall not limit any rules adopted by
the Board.
(A) Document the following information for each load of
uncontaminated soil received: (i) the name of the hauler,
the address of the site of origin, and the owner and the
operator of the site of origin of the uncontaminated soil,
(ii) the weight or volume of the uncontaminated soil, and
(iii) the date the uncontaminated soil was received.
(B) Obtain either (i) a certification from the owner or
operator of the site from which the soil was removed that
the site has never been used for commercial or industrial
purposes and is presumed to be uncontaminated soil or (ii)
a certification from a licensed Professional Engineer that
the soil is uncontaminated soil. Certifications required
under this subdivision (d)(2)(B) must be on forms and in a
format prescribed by the Agency.
(C) Confirm that the uncontaminated soil was not
removed from a site as part of a cleanup or removal of
contaminants, including, but not limited to, activities
conducted under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended; as
part of a Closure or Corrective Action under the Resource
Conservation and Recovery Act, as amended; or under an
Agency remediation program, such as the Leaking
Underground Storage Tank Program or Site Remediation

SB3721 Enrolled - 17 - LRB096 16682 JDS 31966 b
Program, but excluding sites subject to Section 58.16 of
this Act where there is no presence or likely presence of a
release or a substantial threat of a release of a regulated
substance at, on, or from the real property.
(D) Visually inspect each load to confirm that only
uncontaminated soil is being accepted for use as fill
material.
(E) Screen each load of uncontaminated soil using a
device that is approved by the Agency and detects volatile
organic compounds. Such a device may include, but is not
limited to, a photo ionization detector or a flame
ionization detector. All screening devices shall be
operated and maintained in accordance with the
manufacturer's specifications. Unacceptable soil must be
rejected from the fill operation.
(F) Document all activities required under subdivision
(d)(2) of this Section. Documentation of any chemical
analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the
laboratory performing the analysis, and (iii)
certification by an authorized agent of the laboratory that
the analysis has been performed in accordance with the
Agency's rules for the accreditation of environmental
laboratories and the scope of accreditation.
(3) Owners and operators of uncontaminated soil fill
operations must maintain all documentation required under

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subdivision (d)(2) of this Section for a minimum of 3 years
following the receipt of each load of uncontaminated soil,
except that documentation relating to an appeal, litigation, or
other disputed claim must be maintained until at least 3 years
after the date of the final disposition of the appeal,
litigation, or other disputed claim. Copies of the
documentation must be made available to the Agency and to units
of local government for inspection and copying during normal
business hours. The Agency may prescribe forms and formats for
the documentation required under subdivision (d)(2) of this
Section.
Chemical analysis conducted under subdivision (d)(2) of
this Section must be conducted in accordance with the
requirements of 35 Ill. Adm. Code 742, as amended, and "Test
Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication No. SW-846, as amended.
(415 ILCS 5/22.51b new)
Sec. 22.51b. Fees for permitted facilities accepting clean
construction or demolition debris or uncontaminated soil.
(a) The Agency shall assess and collect a fee from the
owner or operator of each clean construction or demolition
debris fill operation that is permitted or required to be
permitted by the Agency. The fee assessed and collected under
this subsection shall be 20 cents per cubic yard of clean
construction or demolition debris or uncontaminated soil

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accepted by the clean construction or demolition debris fill
operation, or, alternatively, the owner or operator may weigh
the quantity of the clean construction or demolition debris or
uncontaminated soil with a device for which certification has
been obtained under the Weights and Measures Act and pay a fee
of 14 cents per ton of clean construction or demolition debris
or uncontaminated soil. The fee shall apply to construction or
demolition debris or uncontaminated soil if (i) the clean
construction or demolition debris fill operation is located off
the site where the clean construction or demolition debris or
uncontaminated soil was generated and (ii) the clean
construction or demolition debris fill operation is owned,
controlled, and operated by a person other than the generator
of the clean construction or demolition debris or
uncontaminated soil.
(b) The Agency shall establish rules relating to the
collection of the fees authorized by subsection (a) of this
Section. These rules shall include, but are not limited to, the
following:
(1) Records identifying the quantities of clean
construction or demolition debris and uncontaminated soil
received.
(2) The form and submission of reports to accompany the
payment of fees to the Agency.
(3) The time and manner of payment of fees to the
Agency, which payments shall not be more often than

SB3721 Enrolled - 20 - LRB096 16682 JDS 31966 b
quarterly.
(c) Fees collected under this Section shall be in addition
to any other fees collected under any other Section.
(d) The Agency shall not refund any fee paid to it under
this Section.
(e) The Agency shall deposit all fees collected under this
subsection into the Environmental Protection Permit and
Inspection Fund. Pursuant to appropriation, all moneys
collected under this Section shall be used by the Agency for
the implementation of this Section and for permit and
inspection activities.
(f) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a clean construction or
demolition debris fill operation is located and which has
entered into a delegation agreement with the Agency pursuant to
subsection (r) of Section 4 of this Act for inspection,
investigation, or enforcement functions related to clean
construction or demolition debris fill operations may
establish a fee, tax, or surcharge with regard to clean
construction or demolition debris or uncontaminated soil
accepted by clean construction or demolition debris fill
operations. All fees, taxes, and surcharges collected under
this subsection shall be used for inspection, investigation,
and enforcement functions performed by the unit of local
government pursuant to the delegation agreement with the
Agency. Fees, taxes, and surcharges established under this

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subsection (f) shall not exceed a total of 10 cents per cubic
yard of clean construction or demolition debris or
uncontaminated soil accepted by the clean construction or
demolition debris fill operation, unless the owner or operator
weighs the quantity of the clean construction or demolition
debris or uncontaminated soil with a device for which
certification has been obtained under the Weights and Measures
Act, in which case the fee shall not exceed 7 cents per ton of
clean construction or demolition debris or uncontaminated
soil.
(g) For the purposes of this Section:
(1) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(2) The term "clean construction or demolition debris
fill operation" shall have the same meaning as clean
construction or demolition debris fill operation under
Section 22.51 of this Act.
(415 ILCS 5/31.1) (from Ch. 111 1/2, par. 1031.1)
Sec. 31.1. Administrative citation.
(a) The prohibitions specified in subsections (o) and (p)
of Section 21 and subsection (k) of Section 55 of this Act
shall be enforceable either by administrative citation under
this Section or as otherwise provided by this Act. Violations
of Section 22.51 and 22.51a of this Act shall be enforceable

SB3721 Enrolled - 22 - LRB096 16682 JDS 31966 b
either by administrative citation under this Section or as
otherwise provided by this Act.
(b) Whenever Agency personnel or personnel of a unit of
local government to which the Agency has delegated its
functions pursuant to subsection (r) of Section 4 of this Act,
on the basis of direct observation, determine that any person
has violated any provision of subsection (o) or (p) of Section
21, Section 22.51, Section 22.51a, or subsection (k) of Section
55 of this Act, the Agency or such unit of local government may
issue and serve an administrative citation upon such person
within not more than 60 days after the date of the observed
violation. Each such citation issued shall be served upon the
person named therein or such person's authorized agent for
service of process, and shall include the following
information:
(1) a statement specifying the provisions of
subsection (o) or (p) of Section 21, Section 22.51, Section
22.51a, or subsection (k) of Section 55 of which the person
was observed to be in violation;
(2) a copy of the inspection report in which the Agency
or local government recorded the violation, which report
shall include the date and time of inspection, and weather
conditions prevailing during the inspection;
(3) the penalty imposed by subdivision (b)(4) or
(b)(4-5) of Section 42 for such violation;
(4) instructions for contesting the administrative

SB3721 Enrolled - 23 - LRB096 16682 JDS 31966 b
citation findings pursuant to this Section, including
notification that the person has 35 days within which to
file a petition for review before the Board to contest the
administrative citation; and
(5) an affidavit by the personnel observing the
violation, attesting to their material actions and
observations.
(c) The Agency or unit of local government shall file a
copy of each administrative citation served under subsection
(b) of this Section with the Board no later than 10 days after
the date of service.
(d) (1) If the person named in the administrative citation
fails to petition the Board for review within 35 days from the
date of service, the Board shall adopt a final order, which
shall include the administrative citation and findings of
violation as alleged in the citation, and shall impose the
penalty specified in subdivision (b)(4) or (b)(4-5) of Section
42.
(2) If a petition for review is filed before the Board to
contest an administrative citation issued under subsection (b)
of this Section, the Agency or unit of local government shall
appear as a complainant at a hearing before the Board to be
conducted pursuant to Section 32 of this Act at a time not less
than 21 days after notice of such hearing has been sent by the
Board to the Agency or unit of local government and the person
named in the citation. In such hearings, the burden of proof

SB3721 Enrolled - 24 - LRB096 16682 JDS 31966 b
shall be on the Agency or unit of local government. If, based
on the record, the Board finds that the alleged violation
occurred, it shall adopt a final order which shall include the
administrative citation and findings of violation as alleged in
the citation, and shall impose the penalty specified in
subdivision (b)(4) or (b)(4-5) of Section 42. However, if the
Board finds that the person appealing the citation has shown
that the violation resulted from uncontrollable circumstances,
the Board shall adopt a final order which makes no finding of
violation and which imposes no penalty.
(e) Sections 10-25 through 10-60 of the Illinois
Administrative Procedure Act shall not apply to any
administrative citation issued under subsection (b) of this
Section.
(f) The other provisions of this Section shall not apply to
a sanitary landfill operated by a unit of local government
solely for the purpose of disposing of water and sewage
treatment plant sludges, including necessary stabilizing
materials.
(g) All final orders issued and entered by the Board
pursuant to this Section shall be enforceable by injunction,
mandamus or other appropriate remedy, in accordance with
Section 42 of this Act.
(Source: P.A. 96-737, eff. 8-25-09.)
(415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)

SB3721 Enrolled - 25 - LRB096 16682 JDS 31966 b
Sec. 42. Civil penalties.
(a) Except as provided in this Section, any person that
violates any provision of this Act or any regulation adopted by
the Board, or any permit or term or condition thereof, or that
violates any order of the Board pursuant to this Act, shall be
liable for a civil penalty of not to exceed $50,000 for the
violation and an additional civil penalty of not to exceed
$10,000 for each day during which the violation continues; such
penalties may, upon order of the Board or a court of competent
jurisdiction, be made payable to the Environmental Protection
Trust Fund, to be used in accordance with the provisions of the
Environmental Protection Trust Fund Act.
(b) Notwithstanding the provisions of subsection (a) of
this Section:
(1) Any person that violates Section 12(f) of this Act
or any NPDES permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
NPDES permit program, shall be liable to a civil penalty of
not to exceed $10,000 per day of violation.
(2) Any person that violates Section 12(g) of this Act
or any UIC permit or term or condition thereof, or any
filing requirement, regulation or order relating to the
State UIC program for all wells, except Class II wells as
defined by the Board under this Act, shall be liable to a
civil penalty not to exceed $2,500 per day of violation;
provided, however, that any person who commits such

SB3721 Enrolled - 26 - LRB096 16682 JDS 31966 b
violations relating to the State UIC program for Class II
wells, as defined by the Board under this Act, shall be
liable to a civil penalty of not to exceed $10,000 for the
violation and an additional civil penalty of not to exceed
$1,000 for each day during which the violation continues.
(3) Any person that violates Sections 21(f), 21(g),
21(h) or 21(i) of this Act, or any RCRA permit or term or
condition thereof, or any filing requirement, regulation
or order relating to the State RCRA program, shall be
liable to a civil penalty of not to exceed $25,000 per day
of violation.
(4) In an administrative citation action under Section
31.1 of this Act, any person found to have violated any
provision of subsection (o) of Section 21 of this Act shall
pay a civil penalty of $500 for each violation of each such
provision, plus any hearing costs incurred by the Board and
the Agency. Such penalties shall be made payable to the
Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the
civil penalty shall be payable to the unit of local
government.
(4-5) In an administrative citation action under
Section 31.1 of this Act, any person found to have violated
any provision of subsection (p) of Section 21, Section

SB3721 Enrolled - 27 - LRB096 16682 JDS 31966 b
22.51, Section 22.51a, or subsection (k) of Section 55 of
this Act shall pay a civil penalty of $1,500 for each
violation of each such provision, plus any hearing costs
incurred by the Board and the Agency, except that the civil
penalty amount shall be $3,000 for each violation of any
provision of subsection (p) of Section 21, Section 22.51,
Section 22.51a, or subsection (k) of Section 55 that is the
person's second or subsequent adjudication violation of
that provision. The penalties shall be deposited into the
Environmental Protection Trust Fund, to be used in
accordance with the provisions of the Environmental
Protection Trust Fund Act; except that if a unit of local
government issued the administrative citation, 50% of the
civil penalty shall be payable to the unit of local
government.
(5) Any person who violates subsection 6 of Section
39.5 of this Act or any CAAPP permit, or term or condition
thereof, or any fee or filing requirement, or any duty to
allow or carry out inspection, entry or monitoring
activities, or any regulation or order relating to the
CAAPP shall be liable for a civil penalty not to exceed
$10,000 per day of violation.
(6) Any owner or operator of a community water system
that violates subsection (b) of Section 18.1 or subsection
(a) of Section 25d-3 of this Act shall, for each day of
violation, be liable for a civil penalty not to exceed $5

SB3721 Enrolled - 28 - LRB096 16682 JDS 31966 b
for each of the premises connected to the affected
community water system.
(b.5) In lieu of the penalties set forth in subsections (a)
and (b) of this Section, any person who fails to file, in a
timely manner, toxic chemical release forms with the Agency
pursuant to Section 25b-2 of this Act shall be liable for a
civil penalty of $100 per day for each day the forms are late,
not to exceed a maximum total penalty of $6,000. This daily
penalty shall begin accruing on the thirty-first day after the
date that the person receives the warning notice issued by the
Agency pursuant to Section 25b-6 of this Act; and the penalty
shall be paid to the Agency. The daily accrual of penalties
shall cease as of January 1 of the following year. All
penalties collected by the Agency pursuant to this subsection
shall be deposited into the Environmental Protection Permit and
Inspection Fund.
(c) Any person that violates this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order and causes the death
of fish or aquatic life shall, in addition to the other
penalties provided by this Act, be liable to pay to the State
an additional sum for the reasonable value of the fish or
aquatic life destroyed. Any money so recovered shall be placed
in the Wildlife and Fish Fund in the State Treasury.
(d) The penalties provided for in this Section may be
recovered in a civil action.

SB3721 Enrolled - 29 - LRB096 16682 JDS 31966 b
(e) The State's Attorney of the county in which the
violation occurred, or the Attorney General, may, at the
request of the Agency or on his own motion, institute a civil
action for an injunction, prohibitory or mandatory, to restrain
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order, or to require such other actions as may be
necessary to address violations of this Act, any rule or
regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order.
(f) The State's Attorney of the county in which the
violation occurred, or the Attorney General, shall bring such
actions in the name of the people of the State of Illinois.
Without limiting any other authority which may exist for the
awarding of attorney's fees and costs, the Board or a court of
competent jurisdiction may award costs and reasonable
attorney's fees, including the reasonable costs of expert
witnesses and consultants, to the State's Attorney or the
Attorney General in a case where he has prevailed against a
person who has committed a wilful, knowing or repeated
violation of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order.
Any funds collected under this subsection (f) in which the
Attorney General has prevailed shall be deposited in the
Hazardous Waste Fund created in Section 22.2 of this Act. Any

SB3721 Enrolled - 30 - LRB096 16682 JDS 31966 b
funds collected under this subsection (f) in which a State's
Attorney has prevailed shall be retained by the county in which
he serves.
(g) All final orders imposing civil penalties pursuant to
this Section shall prescribe the time for payment of such
penalties. If any such penalty is not paid within the time
prescribed, interest on such penalty at the rate set forth in
subsection (a) of Section 1003 of the Illinois Income Tax Act,
shall be paid for the period from the date payment is due until
the date payment is received. However, if the time for payment
is stayed during the pendency of an appeal, interest shall not
accrue during such stay.
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
(b)(5) of this Section, the Board is authorized to consider any
matters of record in mitigation or aggravation of penalty,
including but not limited to the following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder or to
secure relief therefrom as provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements, in which
case the economic benefits shall be determined by the
lowest cost alternative for achieving compliance;

SB3721 Enrolled - 31 - LRB096 16682 JDS 31966 b
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to otherwise
aid in enhancing voluntary compliance with this Act by the
respondent and other persons similarly subject to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section, the
non-compliance to the Agency; and
(7) whether the respondent has agreed to undertake a
"supplemental environmental project," which means an
environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement action
brought under this Act, but which the respondent is not
otherwise legally required to perform.
In determining the appropriate civil penalty to be imposed
under subsection (a) or paragraph (1), (2), (3), or (5) of
subsection (b) of this Section, the Board shall ensure, in all
cases, that the penalty is at least as great as the economic
benefits, if any, accrued by the respondent as a result of the
violation, unless the Board finds that imposition of such
penalty would result in an arbitrary or unreasonable financial
hardship. However, such civil penalty may be off-set in whole
or in part pursuant to a supplemental environmental project
agreed to by the complainant and the respondent.

SB3721 Enrolled - 32 - LRB096 16682 JDS 31966 b
(i) A person who voluntarily self-discloses non-compliance
to the Agency, of which the Agency had been unaware, is
entitled to a 100% reduction in the portion of the penalty that
is not based on the economic benefit of non-compliance if the
person can establish the following:
(1) that the non-compliance was discovered through an
environmental audit or a compliance management system
documented by the regulated entity as reflecting the
regulated entity's due diligence in preventing, detecting,
and correcting violations;
(2) that the non-compliance was disclosed in writing
within 30 days of the date on which the person discovered
it;
(3) that the non-compliance was discovered and
disclosed prior to:
(i) the commencement of an Agency inspection,
investigation, or request for information;
(ii) notice of a citizen suit;
(iii) the filing of a complaint by a citizen, the
Illinois Attorney General, or the State's Attorney of
the county in which the violation occurred;
(iv) the reporting of the non-compliance by an
employee of the person without that person's
knowledge; or
(v) imminent discovery of the non-compliance by
the Agency;

SB3721 Enrolled - 33 - LRB096 16682 JDS 31966 b
(4) that the non-compliance is being corrected and any
environmental harm is being remediated in a timely fashion;
(5) that the person agrees to prevent a recurrence of
the non-compliance;
(6) that no related non-compliance events have
occurred in the past 3 years at the same facility or in the
past 5 years as part of a pattern at multiple facilities
owned or operated by the person;
(7) that the non-compliance did not result in serious
actual harm or present an imminent and substantial
endangerment to human health or the environment or violate
the specific terms of any judicial or administrative order
or consent agreement;
(8) that the person cooperates as reasonably requested
by the Agency after the disclosure; and
(9) that the non-compliance was identified voluntarily
and not through a monitoring, sampling, or auditing
procedure that is required by statute, rule, permit,
judicial or administrative order, or consent agreement.
If a person can establish all of the elements under this
subsection except the element set forth in paragraph (1) of
this subsection, the person is entitled to a 75% reduction in
the portion of the penalty that is not based upon the economic
benefit of non-compliance.
(j) In addition to an other remedy or penalty that may
apply, whether civil or criminal, any person who violates

SB3721 Enrolled - 34 - LRB096 16682 JDS 31966 b
Section 22.52 of this Act shall be liable for an additional
civil penalty of up to 3 times the gross amount of any
pecuniary gain resulting from the violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-603, eff. 8-24-09;
96-737, eff. 8-25-09; revised 9-15-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.